1937 Present : Abrahams C.J.

PONNIAH v. ABDUL CADER

543-P. C. Jaffna, 10,306

Criminal Procedure-Case for prosecution and defence closed-Magistrate's' power to call witness to fill a gap in the prosecution-Criminal Procedure Code, ss. 190 and 429-Excise Ordinance-Presumption regarding offence-Suspicious behaviour regarding excisable article-Ordinance No. 8 of 1912, s. 50-Production of copy of Police Information Book.

Where, in a summary trial, after the case for the prosecution and the defence had been closed the Police Magistrate reserved his order and on a subsequent date called further witnesses of his own motion,-

Held, the powers given to the Magistrate under section 429 of the Criminal Procedure Code should not be used to remedy a defect or to fill a gap in the case for the prosecution.

Where it is sought to prove a statement recorded in the information book of a Police station by the production of a certified copy, the copy must be produced by the Police officer, who recorded the statement.

The presumption created by section -50 of the Excise Ordinance does not arise merely because a man behaves in a suspicious way in respec